HomeMy WebLinkAboutResolution 2015-107 Authorizing to receive from Avra Water Co-op a conveyance of rights and assumption of obligations of Central Arizona Project Municipal and Industrial Water Service SubcontractMAItANA RESOLUTION NO. 2015-107
RELATING TO UTILITIES; AUTHORIZING THE TOWN MANAGER AND STAFF TO
TAKE ALL NECESSARY AND APPROPRIATE STEPS FOR THE TOWN OF MARANA TO
RECEIVE FROM AVRA WATER COOP, INC. A CONVEYANCE OF RIGIITS AND
ASSUMPTION OF OBLIGATIONS OF CENTRAL ARIZONA PROJECT MUNICIPAL AND
INDUSTRIAL WATER SERVICE SUBCONTRACT; APPROVING A DRAFT FORM OF
CONVEYANCE AGREEMENT; AND AUTHORIZING THE MAYOR TO SIGN THE
CONVEYANCE AGREEMENT AND ALL NECESSARY CENTRAL ARIZONA WATER
CONSERVATION DISTRICT SUBCONTRACT DOCUMENTATION AT THE
CONCLUSION OF TTIE APPROVAL PROCESS
WHEREAS the Town of Marana's current Central Arizona Project (CAP) water
allocation is significantly smaller than the quantity of water delivered to Marana Water
Department customers; and
WHEREAS the T'own's Strategic Plan III adopted in January 2015 includes Community
focus area initiative 25, "Continually seek and evaluate new water resources to increase the
Town's water portfolio "; and
WHEREAS Avra Water Co-op, Inc. has an 808 acre -foot allocation of CAP, which Avra
Water and the Town would like to have conveyed to the Town; and
WHEREAS state law and Arizona Department of Water Resources (ADWR) policies
establish procedures for proposed conveyance of CAP subcontract entitlements; and
WHEREAS the Mayor and Council find that acquisition of Avra Water Coop's CAP
subcontract entitlements is the best interests of the Town and its citizens and businesses.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MAR ANA, ARIZONA, AS FOLLOWS:
SECTION 1. The proposed draft "Agreement for Conveyance of Rights and Assumption
of Obligations of Central .Arizona Project Municipal and Industrial Water Service Subcontract"
( "Conveyance Agreement ") attached as Exhibit A to this resolution is hereby approved.
SECTION 2. The "Town Manager and Town staff are hereby authorized to take the
necessary and appropriate steps to acquire Avra Water Coop's Full 808 acre -foot CAP
subcontract entitlement, including without limitation all of the following on the Town's behalf:
1. Submit a joint letter to ADWR, requesting review of and recommendation. for the
proposed conveyance
2. Provide all pertinent documents relating to the proposed transfer to ADWR, including the
proposed draft Conveyance Agreement and water supply development plans
demonstrating how the proposed transfer will meet water management objectives, review
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criteria, and decision g uidelines set forth in the ADWR's Revised Polic Re
Transfer of CAP Municipal and Industrial Water Subcontract Entitlements.
3. Provide an additional information or documentation re b ADWR.
4. Demonstrate that the Town has the same or a hi priorit for the CAP subcontract
entitlement, if another entit re part or all of the entitlement durin the public
comment period.
5. Provide an additional information or documentation that ma be re b the
Secretar of the Interior after the Secretar receipt of ADWR's recommendation.
6. Obtain Arizona Superior Court validation of the contracts.
SECTION 3. After approval b the Secretar of the Interior and the Central Arizona
Water Conservation District (CAWCD), the Ma is hereb authorized and directed to si the
Conve Contract and an associated CAWCD subcontract documentation on behalf of the
Town conve Avra Water Co-op's CAP subcontract entitlement (or as much of it as is
approved b the Secretar for conve to the Town.
SECTION 4. The Town Mana and staff are authorized to perform all acts necessar or
desirable to g ive effect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNClk OF THE TOWN OF
MARANA, ARIZONA, this 6'11 da of October, 201.5. 'A
N
M RANA
ATTEST: 4p
'Allronson, Town Clerk
Ma Ed H6nea
0119 0 Ito] L ?A
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Marana Resolution No. 2015-107 - 2 - 9/25/2015 3:34 PM FJC
Exhibit A to Resolution No. 2015- 107
AGREEMENT FOR CONVEYANCE OF RIGHTS AND ASSUMPTION
OF OBLIGATIONS OF CENTRAL ARIZONA PROJECT MUNICIPAL
AND INDUSTRIAL WATER SERVICE SUBCONTRACT
Now, THEREFORE, Avra and Marana do hereby mutually agree as follows:
1. Avra hereby assigns, transfers, and conveys to Marana all its rights, title, and interest in
and to 808 acre -feet per annum. of CAP M &I water to which Avra is entitled under the terms of
Aura's Subcontract.
2. Marana has read Aura's Subcontract, knows the contents and requirements thereof, and
accepts the assignment of 808 acre -feet per annum of CAP M &I water under the terns of Avra's
Subcontract, assumes the obligations thereof, including without limitation the obligation to pay
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Exhibit A to Resolution No. 201 5 -107
any and all amounts due under Avra's Subcontract with respect to the 808 acre -feet per annum of
CAP water assigned and agrees to be bound by all terms and conditions of Avra's Subcontract.
3. Marana agrees to execute an amendment to Marana's Amended Subcontract increasing its
annual - entitlement to CAP M &I water by 808 acre -feet per annum.
Doug Schneider, President````` , Ed Honea, Mayor
Date:
Date:
ATTEST:
Jocelyn Bronson, Town Clerk
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STATE OF ARI70NA
SS.
County of Pima )
Exhibit A to Resolution No. 2015 -107
APPROVED AS To FORM:
Frank Cassidy, Town Attorney
CENTRAL ARIZONA WATER CONSERVATION
DISTRICT
Ubon
President
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